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The Improvement of Legal System on the Foreign Labor in Agriculture

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(1), pp.107-147
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

SONG Jae Il 1

1명지대학교

Candidate

ABSTRACT

Due to the population aging and seasonal character in Korean agriculture and rural area, serious shortage of labor occurred in the field of agriculture. Korea recently has a high level of dependence on foreign workers in agriculture over time. There are some relevant legal system for example Labor Standard Act as basic law and Act on Foreign Workers’ Employment as special law. In order to utilize foreign labor in the field of agriculture, this article researches similar legislation in some foreign countries and analyses the problems of korean legal system and proposes some meaningful solutions as follows. First, it is necessary to reform foreign workers’ employment permit system to meet demand of the seasonal workers and establish the legal culture about the contractual relationship between employee and employer e.g. reasonal labor usage, and labor contract. Second, it is necessary to definite the workplace in agriculture in another way to manufacturing industry. That solution makes it possible to terminate the unnecessary dispute about compulsory labor and to change or add the workplace in agricultural off-season. Third, it is necessary to reform the article 63 of labor standard act to take a flexible application of working hours and conditions in the light of the seasonal intensive agricultural character and agricultural foreign workers. Lastly, win-win model between employee and employer in agriculture should be established over the legal culture. It conclude so many field of the careful concern about hiring, education, supervision, evaluation, control and encouragement of agencies such as Korean agricultural Cooperative ('Nonghyup'), ect.

Citation status

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